This case is a stark warning to employers when agreeing to flexible working requests.
Employers must be genuine and, more importantly, consistent both in accepting and applying flexible working arrangements. Failure to be consistent with the application of arrangements can result in expensive legal costs for the business.
An injury-to-feelings award of nearly £30,000 was deemed appropriate in the case of Ms G Platukyte v Secretary of State for Justice [2024].
The middle band of a Vento award, known as the ‘Vento Bands’, ranges from £12,000 to £36,000. These guidelines are used by Employment Tribunals to determine compensation for injury to feelings in discrimination and whistleblowing cases.
The middle band relates to cases of sustained or repeated discriminatory treatment that significantly impacted the individual.
Here, the Claimant previously had flexible working arrangements in place which allowed her to manage debilitating menstrual symptoms. However, the arrangements were later withdrawn. The Claimant was asked to attend the office, or make day-to-day requests to work from home or take sick leave. The requests to work from home were inconsistently granted and, over a 17-month period, a succession of written warnings was issued against the Claimant.
The Judge determined the award based on the employer’s treatment and actions toward the Claimant, stating, “the claimant had believed that her career was under threat, in terms of a barrier to any advancement and actually losing her job. She came into the office when she was feeling very unwell.”
We at Lawgistics can provide the relevant support and guidance for employers regarding flexible working arrangement requests, particularly when the requests will be offered from day one of employment as part of the impending Employment Rights Bill.
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